Nicotine and vaping products are now banned in non-smoking areas within the City of Orange Beach. City council members introduced an ordinance amendment that expands the city’s definition of smoking to include vaping.
The change was unanimously approved at the March 18 council meeting, with councilmembers choosing to suspend standard procedural rules in order to vote immediately rather than wait the traditional two weeks and allow additional time for public comment.
Vaping will no longer be permitted indoors and bans all vape vending machine sales in the city. During the public comment session on March 11, Jerr McCutchen—co-owner of SanBar and 8 Raele OBAL at The Wharf in Orange Beach— told councilmembers that he purchased a high-security vape vending machine for his establishment. McCutchen explained,
“What it does is as you make your selection you then are required to put your government issued ID into the machine and your telephone number, he explained. “It then sends a third-party app to your phone that then does a facial scan to compare it against your ID.”
McCutchen added that because he was concerned about “underage people having access” to vapes, he explained that this system was intended to ensure that tobacco and nicotine products are sold only to patrons aged 21 and older. However, Mayor Tony Kennon expressed reservations about the device, stating, “Can you take this thing back? I don’t see any movement on vape vending machines. I don’t see that at all.”
When McCutchen inquired whether his 21+ establishment might be exempt from the new rules, Kennon clarified that the ordinance also prohibits smoking in enclosed areas where such behavior is already banned. The amendment specifies that vaping and vape products will now be categorized as smoking, thereby prohibiting their use in “enclosed public spaces, places of employment, outdoor arenas and stadiums,” as well as within 10 feet of any designated non-smoking area.
Kennon explained that this provision was added because, “research has shown second-hand vape smoke is just as toxic as second cigarette smoke.” Several studies have shown this to be false. Studies Kennon may be referring to have been retracted.
McCutchen offered to demonstrate the machine’s security features, but Kennon cautioned against assuming that such technology would allow continued use of vape vending machines in violation of the new law.
Kennon said, “You hate to hurt those that are responsible, but at some point, there’s some things that will proliferate that you can’t police, we don’t have the ability to police, and vaping is an issue, especially with our kids.”
Ford Handley, the city’s administrator, noted that public vaping has been a persistent issue, particularly with regard to minors. Handley stated that the primary goal of the amendment is not only to make it “difficult for kids” to access vape products but also to restrict easy purchase by anyone, citing the many uncertainties regarding the health effects of vape products.
Several studies have shown that limiting access to less-risky nicotine delivery systems, such as vaping products, causes more deaths because limiting access often causes those who have made the switch from combustible products to go back to them.
